logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.01.16 2019노1188
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended sentence, and 2 years of suspended sentence) of the lower court is too uneased and unreasonable;

2. The circumstances favorable to the defendant include: (a) the defendant's time to commit the instant crime and reflects his mistake; (b) the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance; (c) the victim's injury is not severe; and (d) the defendant agreed with the victims.

However, the Defendant, while flying away without taking necessary measures despite shocking a vehicle which was stopped in the opposite direction to the opposite direction to the traffic signal in the drinking state, continued running along the central line while sing back. The Defendant, in light of the motive of the crime, the nature of the crime is not good, the Defendant’s blood alcohol concentration is not low, and the Defendant is also short of the distance of driving under the influence of alcohol, and the Defendant committed the instant crime even if he was punished for driving under the influence of alcohol in around 2005, taking full account of the circumstances such as the motive, background, means and method of the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character, career, environment, etc., the Defendant’s punishment is deemed to be unfair because it is too uneasible.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] The summary of facts constituting a crime and evidence recognized by the court below is identical to the corresponding column of the judgment below, except for the alteration of " around November 26, 2018" to " around 20:00 on November 26, 2018" in the 3th 11th 11th 200 of the judgment below. Thus, the Criminal Procedure Act is the same.

arrow